For purposes of this chapter, certain words shall be interpreted
as follows:
A.
Words used in the present tense include the future.
B.
The singular number includes the plural and the plural includes the
singular.
C.
The phrase "used for" includes "arranged for," "designed for," "intended
for," "maintained for," and "occupied for."
D.
The word "person" includes an individual, corporation, partnership,
incorporated association, or any other similar legal entity.
E.
The words "include" or "including" shall not limit the term to the
specified examples, but are intended to extend the meaning to all
other instances of like kind and character.
F.
The word "building" shall always be construed as if followed by the
words "or part thereof."
G.
The word "may" is permissive, and the words "shall" and "will" are
always mandatory.
H.
The words: "he" or "she" or "they" are to be used interchangeably
with the word person.
I.
The word "street" includes road, highway, avenue, boulevard, or expressway.
J.
The word "stream" includes watercourse, creek or river, and, where
referenced, a seasonal or intermittent stream.
K.
Unless otherwise specified, the words "day" or "days" or "business
days" shall mean days when the municipal administration offices are
open for regular business, which therefore excludes municipally recognized
holidays.
L.
The names of organizations including government agencies shall be
construed to include their successors.
Words and terms used in this chapter shall have the meanings
given in this section. Unless expressly stated otherwise, any pertinent
word or term not a part of this listing, but vital to the interpretation
of this chapter, shall be construed to have its legal definition,
or in the absence of a legal definition, its meaning as commonly accepted
by practitioners including civil engineers, surveyors, architects,
landscape architects, and planners.
The removal of the surface of the land through the combination
of earthwork activities and natural processes at a rate greater than
would occur from natural processes upon undisturbed land alone.
The portion of a roadway adjoining the traffic lane constructed
for the purpose of enabling a vehicle entering a roadway to increase
its speed to a rate at which it can safely merge with traffic.
That which conforms to accepted principles, tests, or standards
of nationally recognized technical, scientific, and/or engineering
authorities.
A privately owned, constructed, and maintained vehicular
access from a public or private right-of-way to off-street parking
or loading spaces.
A piece of land which provides physical access to and legal
road frontage for a lot, but which does not comply with the minimum
lot width regulations of the Zoning Ordinance.[1] Access strips provide access to "flag," "rear," or "interior"
lots.
A structure or building detached from a principal building
on the same lot and customarily incidental and subordinate to the
principal use of that lot or principal building.
The Pennsylvania Municipalities Planning Code, Act of July
31, 1968, P.L. 805, No. 247, as reenacted and amended by Act of December
21, 1988, P.L. 1329, No. 170, 53 P.S. § 10101 et seq., as
amended from time to time.
The traveled way by which cars enter and depart parking spaces.
A public or privately owned right-of-way, existing or planned,
on which no new dwellings, stores, or other principal buildings are
intended to front, serving as the secondary means of access to two
or more properties whose principal frontage is some other street.
Future alleys shall be designed to extend the Township's street grid.
The fastening of a mobile home to its mobile home stand in
order to prevent upset or damage due to wind, erosion, flooding or
other natural forces.
A landowner, developer or equitable owner who has filed an
application for approval of subdivision, land development plan, variance,
or special exception, including his/her heirs, successors, agents
and assigns. The term also includes builder and/or other persons responsible
for the plans and construction of buildings or other improvements
on any parcel of land.
The date of the day when an application for development is filed with Cheltenham Township in accordance with submission requirements outlined in Article III. This date is not necessarily the date when the ninety-day plan review period begins.
Every application, whether sketch, preliminary, or final,
required to be filed and approved prior to the start of construction
or development, including but not limited to an application for a
building permit, for the approval of a subdivision plan, or for the
approval of a development plan.
ISA certified arborist.
[Added 12-16-2020 by Ord. No. 2415-20]
A public organization created pursuant to the Pennsylvania
Municipality Authorities Act of 1945 (P.L. 382, No. 164).[2]
That land area immediately adjacent to and which slopes toward
the bed of a watercourse and which is necessary to maintain the integrity
of the watercourse.
A raised earthen mound of sufficient height, which constitutes
an effective screen and gives maximum protection and immediate visual
screening. The maximum slope on any berm shall not exceed three horizontal
to one (3:1) vertical in grade.
Activities, facilities, designs, measures or procedures used
to manage stormwater impacts from regulated activities; to meet Pennsylvania
water quality requirements, to promote groundwater recharge; and to
otherwise meet the purposes of this chapter. Stormwater BMPs are commonly
grouped into one of two broad categories or measures: "structural"
or "nonstructural." In this chapter, nonstructural BMPs or measures
refer to operational and/or behavior-related practices that attempt
to minimize the contact of pollutants with stormwater runoff, whereas
structural BMPs or measures are those that consist of a physical device
or practice that is installed to capture and treat stormwater runoff.
Structural BMPs include, but are not limited to, a wide variety of
practices and devices, from retention ponds and constructed wetlands,
to underground treatment systems, infiltration facilities, filter
strips, low-impact design, bioretention, wet ponds, permeable paving,
grassed swales, riparian or forested buffers, sand filters, detention
basins, and manufactured devices. Structural stormwater BMPs are permanent
appurtenances to the project site.
A stormwater management facility, which includes rain gardens,
bioretention swales, planters and absorbent tree islands, engineered
to treat and infiltrate a specific amount of stormwater. They have
exact design criteria to ensure they function according to the design
intent. These facilities have operation, maintenance and inspection
requirements since they are part of a stormwater treatment and flow
control system. The facilities include designed soil mixes and sometimes
control structures like under-drains and outlet structures to aid
in the control of overflow, catch basins to filter sediment, and check
dams or weirs to slow the flow of water moving through the facility.
Soils amended and specifically designed for bioretention
areas, including rain gardens.
A unit of land bounded by streets or by a combination of
streets and public land, railroad rights-of-way, watercourses, or
any other barrier to development.
Any form of surety bond in an amount and form satisfactory
to the Cheltenham Board of Commissioners as recommended and approved
by the Township Solicitor. All bonds shall be approved by the Board
of Commissioners whenever a bond is required by ordinance or regulations.
An area designed and functioning to separate the elements
and uses of land which abut it and to ease the transition between
them. Unless otherwise specified, "buffer" may be included as part
of the required setbacks and yard areas.
See "applicant."
Any structure having enclosed walls and a roof and permanently
located on the land, which is used or intended to be used to house
persons, animals or property.
The area of a lot within which a principal building may be
erected. This area is defined by the limits of the minimum front,
side, and rear yard areas, and encompasses the area of the lot not
found in the yard areas, legal rights-of-way, or other areas defined
in the Zoning Ordinance.[3]
See "height of building."
Tree trunk diameter measured in inches at a height specified
according to the plant type as specified by American Hort's American
Standard for Nursery Stock (ASNS) 2014, or as later amended
The horizontal area or spread of a tree's limbs and foliage.
A plan setting forth, by category of public facility, those
public improvements and that portion of their costs that is attributable
to servicing new development within a designated service area for
such public facilities over a specified period of years.
The paved portion of a street, alley, or highway designed
for vehicular traffic (this does not include paved shoulders).
A parcel or parcels of land, an area of water or a combination
of land and water within a development site designed and intended
for the use and enjoyment of Cheltenham Township residents or occupants
of the development or community or for the protection of natural or
historic resources, not including streets, off-street parking areas
and areas set aside for public facilities. Common open space shall
not be part of individual residential lots, and shall be substantially
free of structures but may contain recreational facilities (including
tennis courts, playgrounds, golf courses, swimming pools or other
like uses) for park users or historic buildings as are shown in the
approved development plan.
A contract signed by community groups and a real estate developer
which requires the developer to provide specific amenities and/or
mitigations to the local community or neighborhood. In exchange, the
community groups agree to publicly support the project, or at least
not oppose it.
The most recent version of the Cheltenham Comprehensive Plan, as adopted by the Cheltenham Board of Commissioners, and all amendments thereto, including maps, charts, and/or descriptive matter relating to the continuing development of Cheltenham Township and including all elements required in Article III of the Pennsylvania Municipalities Planning Code.[4]
The requirement that development applications demonstrate
that adequate public services be available at prescribed levels of
service concurrent with the impact or occupancy of the developed property.
Real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership
solely by the owners of those portions, created under the Pennsylvania
Unit Property Act of July 3, 1963, or the Pennsylvania Uniform Condominium
Act, 68 Pa.C.S.A. § 3101 et seq., as amended from time to
time.
The Montgomery County Conservation District. A conservation
district, as defined in Section 3(c) of the Conservation District
Law [3 P. S. § 851(c)], which has the authority under a
delegation agreement executed with the Pennsylvania Department of
Environmental Protection to administer and enforce all or a portion
of the erosion and sediment control program in their county.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration, or relocation of a building or structure, including
the placement of mobile homes, as well as the placement of prefabricated
or premanufactured structures.
Properties sharing a common boundary. Properties on opposite
sides of a public right-of-way shall not be considered contiguous.
A local street with only one outlet and having an appropriate
terminus for the safe and convenient reversal of traffic.
A pipe, conduit or similar structure, including appurtenant
works, not incorporated in a closed storm sewer system, which carries
drainage water under a driveway, roadway, or other paved area.
The elevation of the top of a curb at a given point with
a reference to a designated datum.
A line formed by the face of the existing curb or in its
absence, the outer edge of the shoulder, along which a curb would
be otherwise located.
An excavation; the difference between a point on the original
ground and a designated point of lower elevation on the final grade.
Also, the material removed in an excavation.
That canopy coverage or ground coverage as is indicated or
typical of a plant species at five years' growth after planting.
The magnitude and temporal distribution of precipitation
from a storm event measured in probability of occurrence (e.g., a
five-year storm) and duration (e.g., 24 hours), used in the design
and evaluation of stormwater management systems.
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development. See "applicant" above.
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, streets
and other paving, utilities, mining, dredging, filling, grading, excavation,
or drilling operations.
The provisions for guiding development, including a plan
of subdivision, all covenants relating to use, location and bulk of
buildings and other structures, intensity of use or density of development,
streets, parking facilities, ways, common open space, and public facilities.
A measurement of the size of existing trees on the site,
using the outside bark diameter at breast height. Breast height is
defined as 4.5 feet (1.37 m) above the forest floor from the highest
adjacent grade of the tree. If a tree has more than one stem or trunk,
the measurement shall be the sum of the diameter of the largest trunk
and 1/2 the diameter of each additional trunk.
An unstabilized land area where vegetation has been removed
and soil has been exposed, graded, or removed.
The man-made features of land that are specifically designed
to store or carry surface water runoff.
A private way providing for vehicular access between a public
or private street and a parking area or garage within a lot or property.
One or more rooms within a building designed, occupied, or
intended for occupancy as a separate living quarter with cooking,
sleeping, and sanitary facilities for the exclusive use of a single
occupant, multiple occupants, or a family maintaining a household.
A construction or other human activity which alters the surface
of the land, including, but not limited to, clearing and grubbing;
grading; excavations; embankments; road maintenance; building construction;
or the moving, depositing, stockpiling, or storing of soil, rock,
or earth materials, excluding agricultural activities.
A vested or acquired legal right to use land other than as
a tenant, for a specific purpose, such right being held by someone
other than the owner who holds title to the land.
A vertical distance above or below a fixed reference level;
or a flat scale drawing of the front, rear, or side of a building.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania and competent in the profession as established under
the Pennsylvania Engineer, Land Surveyor, and Geologist Registration
Act.[5]
A standardized measurement of the consumption, use, or generation
of water equivalent to that of a new single-family residential development
unit.
A deposit of cash with Cheltenham Township or escrow agent
to secure the promise to perform some future act.
Any act by which natural materials are dug into, cut, quarried,
uncovered, removed, displaced, relocated, or bulldozed, as well as
the conditions resulting from such activities.
The dominant land cover during the five-year period immediately
preceding a proposed regulated activity.
A man-made barrier placed or arranged as a line of demarcation
between lots or to enclose a lot or portion thereof. The term "fence"
shall be deemed to include a freestanding wall.
Any act by which natural materials are placed, pushed, dumped,
pulled, transported, or moved to a new location above the natural
surface of the ground or on top of the stripped surface, as well as
the conditions resulting from such activities.
An irrevocable letter of credit issued by a federal- or commonwealth-chartered
lending institution, a surety bond issued by a bonding company authorized
to conduct business within the commonwealth or a federal- or commonwealth-chartered
lending institution, a certified check, or cash escrow maintained
with Cheltenham Township or a lending institution as aforesaid, provided
by the applicant to secure its financial and performance obligations
regarding public improvements associated with an approved subdivision
or land development.
An analytical tool which compares, for a given project or
policy change, changes in governmental costs against changes in governmental
revenues. For example, a major residential development project could
mean new residents will require new services and facilities such as
fire and police protection, libraries, schools, parks, and others.
At the same time, municipality will receive new revenues from the
project in the form of property tax revenues, local sales tax revenue,
and other taxes and fees. A fiscal impact study compares the total
expected costs to the total expected revenues to determine the net
fiscal impact of the proposed development on the municipality.
YEAR FLOODD — The flood having a 1% chance of being equaled or exceeded in any given year. Also referred to as the "1% frequency flood," or the "base flood," as defined by FEMA in the Flood Insurance Study for Cheltenham Township.
BASE FLOODA flood which has a 1% chance of being equaled or exceeded in any given year (also called the "100-year flood").
BASE FLOOD ELEVATIONThe elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, A1-30 that indicates the water surface elevation resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year. The BFE is also shown on the FIS profile, and can be determined for Zone A floodplains.
FEMA and FIMAThe Federal Emergency Management Agency and the Federal Insurance and Management Administration who have jurisdiction over the National Flood Insurance Program and its related studies and regulations. FEMA is the parent agency of the FIMA.
FLOODA temporary inundation of normally dry land areas.
FLOODPLAIN AREAA relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
FLOODPLAIN DISTRICTSThose areas designated as "special flood hazard areas" according to the FIRM and those specifically designated areas, which are delineated in Chapter 295, Zoning, of the Cheltenham Township Code.
FLOODPLAIN MANAGEMENTThe application of a program or activities which may consist of both corrective and preventive measures for reducing flood damage.
FLOODPROOFINGAny combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAYThe channel of a river or other watercourse and the adjacent land areas that are required to be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
OBSTRUCTIONAny wall, dam, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse or designated floodplain district which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or is placed where the flow of the water might carry the same downstream to damage property or threaten lives.
REGULATORY FLOOD ELEVATION (RFE)The regulatory flood elevation is the elevation to which development is regulated for purposes of elevation and/or dry floodproofing. It is equal to the base flood elevation (BFE) plus a freeboard of 1.5 feet.
SUBSTANTIAL IMPROVEMENTAny reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage (or repetitive loss) regardless of the actual repair work performed. The term does not, however, include any project for improvement of a structure to correct existing violations of commonwealth or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to ensure safe living conditions. For alteration of historic structures, see § 295-1915A(5).
A unit of light intensity stated in lumens per square foot
and measurable with a luminance meter.
That side of a lot abutting on a street or right-of-way and
ordinarily regarded as the front of the lot.
The attribute of a light fixture from which no light is emitted
at or above a horizontal plain drawn through the bottom of the fixture
and no more than 10% of the light's intensity is emitted at or above
an angle of 10° below the horizontal plain, at all lateral angles
around the fixture.
Brightness in the field of view that is sufficiently greater
than the amount of light to which the eye is adapted, to cause a loss
in visual performance, discomfort or annoyance so as to jeopardize
health, safety, and welfare.
The elevation or slope of a street, parcel of land, utility
lines, drainageways, etc., specified in percent and shown on plans
as required herein.
Low growing plant materials planted in a manner to provide
continuous plant cover of the ground surface. Nonplant ground cover
may include bark or wood chips, gravel, and stone, provided such material
is maintained as a continuous pervious cover.
The horizontal area or spread of a plant's foliage, which
shall be used in measuring coverage of shrubs, grasses and herbaceous
perennials and annuals.
Financial security that is required from the developer by
Cheltenham Township to guarantee the structural integrity and functioning
of improvements following final acceptance of dedication by Cheltenham
Township of improvements installed by the developer. Such financial
security may include irrevocable letters of credit, cash escrows or
a surety bond with a bonding company or commonwealth or federally
chartered financial institution as further specified in this chapter.
Financial security that is required from the developer by
Cheltenham Township as a condition to final approval of a subdivision
or land development plan to guarantee that the improvements shown
on the plan are installed and completed in accordance with the plan
and applicable provisions of this chapter. Such financial security
may include irrevocable letters of credit, cash escrows or a surety
bond with a bonding company or commonwealth or federally chartered
financial institution as further specified in this chapter.
The height of a building shall be measured from the average
ground level surrounding the building to a point midway between the
highest and the lowest point of the main roof. There shall be no structures
or projections above the main roof, excepting chimneys, roof-mounted
solar energy systems, agricultural features, stormwater management
structures, and the height of church spires, which are exempt from
the height calculation. Housing for mechanical equipment may project
beyond the maximum height permitted, but shall not exceed 12 feet
in addition to the maximum permitted.
A device which is part of the frame or attaches to the frame
of a mobile home and connects it to a power source for the purpose
of transporting the unit.
Infiltration rates of soils vary widely and are affected
by subsurface permeability as well as surface intake rates. Soils
are classified into four HSGs (A, B, C, and D) according to their
minimum infiltration rate, which is obtained for bare soil after prolonged
wetting. The Natural Resources Conservation Service (NRCS) of the
US Department of Agriculture defines the four groups and provides
a list of most of the soils in the United States and their group classification.
The soils in the area of the development site may be identified from
a soil survey report that can be obtained from local National Resource
Conservation Service (NRCS) offices or conservation district offices.
Soils become less pervious as the HSG varies from A to D.
A fee imposed on new development to help finance the cost
of new improvements or services. Impact fees do not include the dedication
of rights-of-way or easements for such new facilities or construction
of such improvements.
Those surfaces which do not absorb rainwater. All buildings,
parking areas, driveways, roads, sidewalks, and any area in concrete,
asphalt, and packed stone, including, without limitation, swimming
pools, shall be considered impervious surfaces. In addition, other
areas determined by the Township Zoning Officer or the Township Engineer
to be impervious within the meaning of this definition shall also
be classified as an impervious surface.
A body of water, such as a pond, lake, dam, retention or
detention basin designed to manage stormwater runoff by retaining
it at a controlled rate.
The physical additions, installations, and/or changes necessary,
desirable or proposed to render land suitable for the use or uses
intended, including streets, curbs, sidewalks, landscaping, utilities,
and drainage facilities.
Improvements, including but not limited to those contained
in the definition of "improvements," that are constructed on the applicant's
property or along the road frontage of the tract being developed up
to the center line of the road.
Improvements, including but not limited to those contained
in the definition of "improvements," that are intended for dedication
to Cheltenham Township, or other municipal body or authority, either
in fee or in easement.
Development that takes place within existing communities,
making maximum use of the existing infrastructure instead of building
on previously undeveloped land.
A plant species which grows aggressively spreads and displaces
other plants and has generally been introduced from other continents.
Such species lack natural predators, disease, or natural controls,
and can dominate large areas and diminish or limit biodiversity. Invasive
and "watch-list" species listed on any governmental list of invasive
species, including the Pennsylvania Department of Conservation and
Natural Resource's publication "DCNR Invasive Plant List," as maintained
and updated, as well as any list adopted by the Township, shall be
inclusive of this definition.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts,
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
Development in accordance with Section 503(1.1) of the Pennsylvania
Municipalities Planning Code.[6]
An agreement that formally documents the conditions of approval
and may contain, but is not restricted to, any one or more of the
following to ensure a development is built in accordance with the
final approved plans: a preamble containing all dates, party names,
plan dates, approvals, and other actions taken by the governing body;
time frame of improvements; listing of improvements and accepted values;
inspection process; indemnification of municipality from design defects;
form of financial security, responsibilities of the developer to maintain
the security, and the process for the release, or partial release
of security; all documents to be completed and recorded prior to building
permit issuance; responsibilities of the developer to maintain the
streets, including snow removal, or any other improvements prior to
dedication; required covenants for stormwater facilities; phasing
requirements, if any; what happens to the development site in the
event of default; dedication of improvements including documentation
requirements; non assignment of developers agreement; developers heirs
or assigns bound by the agreement; certification of insurance; notarized
statement of responsible person to serve as the official contact;
time schedule of all important activities.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land.
In Pennsylvania, the law defines a landscape architect as
a person who engages or offers to engage in the practice of landscape
architecture in the commonwealth under the authority of the law.
Light emitted by a lighting fixture or installation which
is cast beyond the boundaries of the property on which the lighting
fixture or installation is placed.
The boundary within which it is anticipated that earth disturbance
activities will take place.
[Added 12-16-2020 by Ord. No. 2415-20]
A designated tract, parcel, or unit of land held by a landowner
and/or intended for use, development, lease, or transfer of ownership,
and for which a deed description is recorded or is intended to be
recorded at the office of the Recorder of Deeds for Montgomery County,
The area of a lot shall be measured to the street line only.
The lines bounding a lot, expressed in courses and distances,
provided, however, that any street lines for such portion of the lot
which abuts the street shall be considered lot lines for purposes
of this chapter.
The distance measured between lot lines, other than the front
and rear lot lines, at the minimum front yard setback line.
A parcel of land situate at the junction of and fronting
on two or more intersecting streets.
Any tree of three inches DBH or greater, whether standing
alone or in a tree mass or woodlands. See also "diameter at breast
height (DBH)."
[Amended 12-16-2020 by Ord. No. 2415-20]
A transportable single family dwelling intended for permanent
occupancy, contained in one unit or in two or more units designed
to be joined into an integral unit capable of again being separated
for repeated towing, which arrives at the site complete and ready
for occupancy except for minor and incidental unpacking and assembly
operations, and constructed so that it may be used without a permanent
foundation. A mobile home need not meet local building codes, but
shall meet the standards of the U.S. Department of Housing and Urban
Development, as indicated in the Structural Engineering Bulletin(s)
which shall be provided to Cheltenham Township by the applicant. Also
referred to as a "manufactured home."
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erections thereon of a single mobile home.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
A tapered, permanent survey reference point of stone or concrete
having a flat top at least four inches on each side and a length of
at least 24 inches, embedded vertically into the ground.
For the purposes of Cheltenham Township, a native plant species
that occurred in the mid-Atlantic Piedmont Region (Pennsylvania, Maryland,
Delaware and Virginia) prior to European settlement. The native status
of plants may be confirmed through the www.plants.usda.gov web site,
using the Native Status Maps for each species. For purposes of this
chapter, "native plant" shall include native shade tree, native street
tree, native shrub, native groundcover, native grasses and native
perennial.
A component of a landscape existing or maintained as part
of the natural environment and having ecological value in contributing
beneficially to, among other things, air and water quality, erosion
control, groundwater recharge, noise abatement, visual amenities,
growth of wildlife, human recreation, reduction of climatic stress
and energy costs.
A septic tank and drainage field or other type of sewage
disposal system located on a single lot and serving one equivalent
development unit.
Public or private lands designated for the use and enjoyment
of residents of a development and/or the general public, incorporating
natural features such as woodlands, streams, or meadows, and including
state, county or Cheltenham Township parks, trails, and other recreational
facilities. Also includes common open space, as defined above, and
other private lands which are available for the use of Cheltenham
Township residents (i.e., through access easements). (See "common
open space.")
The outdoor keeping of material, merchandise, vehicles, equipment
or any goods in an unroofed or open area for more than 24 hours.
Any publicly owned area which is predominantly open space
and is used principally for active or passive recreation.
The interior cartway used or intended for vehicular circulation
within and around a parking lot, from which access to a parking space
or stall is taken.
Any area of ground with improved soil between parking spaces
or at the end of parking rows within the interior of a parking lot
designed to screen surface parking, help to control traffic flow,
and perform environmental services including shading, and infiltration
and treatment of stormwater.
A pervious, linear area of ground within the boundary of
a parking lot which separates parking spaces along their shorter linear
dimensions, running parallel to parking drive aisles from which parking
spaces take direct access, designed to screen surface parking, help
to control traffic flow, and perform environmental services including
shading, and infiltration and treatment of stormwater.
A designated land corridor, located outside the public street
right-of-way or the equivalent right-of-way of a private street, containing
a route designed for non-motorized travel that connects local facilities,
neighborhoods, commercial districts, etc., to a larger trail or sidewalk
network. Sidewalks are not considered pathways.
The maximum rate of flow of stormwater runoff at a given
point and time resulting from a particular magnitude storm.
The Municipalities Planning Code, originally enacted as Act
247 of 1968,[7] which establishes the basic authority for the exercise
of municipal land use controls in Pennsylvania. All subsequent amendments
are included. Abbreviated as "MPC" or "Act 247."
One of the tests required to identify a suitable area for
the location of an on-site septic system. The test measures the ability
of the soil to absorb water.
A landscaped area of ground that separates the vehicular
use area from other structures on the lot, adjacent properties, a
public right-of-way, or any other nonparking use of a lot. Its purpose
is to buffer and screen parking and can serve as a bioretention area.
A graphic representation of a proposal for subdivision and/or
land development, including necessary written notes.
The Cheltenham Township Planning Commission.
All subdivisions and land developments not classified as
minor plans, including but not limited to any size subdivision requiring
a new street or extension of the municipal facilities or the creation
of public improvements.
Any subdivision or land development containing not more than
two lots fronting on an existing street, not involving any new street
or road, or the extension of municipal facilities or the creation
of public improvements, and not adversely affecting the remainder
of the parcel or adjoining property, and not in conflict with any
provision or portion of the Cheltenham Township Comprehensive Plan,
Cheltenham Township Zoning Ordinance,[8] or other pertinent ordinances and regulations. Minor plans include the following types, as defined herein and which are further defined in Article III of this chapter:
LOT LINE ADJUSTMENTA proposal between two abutting, existing, legally approved and recorded lots in which a lot line between the two lots is proposed to be adjusted in terms of its location or configuration. Such subdivisions shall comply with § 260-20A(1) of this chapter.
SIMPLE CONVEYANCEA proposal between two abutting, existing, legally approved and recorded lots in which a portion of one lot is being divided off to be conveyed to the owner of the abutting lot. The land area to be conveyed in a simple conveyance generally does not comply with one or more of the dimensional standards of the district in which the lots are located. Such subdivisions shall comply with § 260-20A(2) of this chapter.
MORTGAGE SUBDIVISIONA subdivision established for the sole purpose of granting separate and distinct mortgages on each parcel within a commonly managed and maintained land development. The individual parcels created as a result of the mortgage subdivision may not individually meet the required yard setbacks, ground cover, limitations, or other bulk and area requirements of the zoning district in which the property is situate. Such subdivisions shall comply with § 260-20A(4) of this chapter.
MINOR SUBDIVISIONA subdivision proposal which would divide one existing lot into not greater than two lots, each of which will comply with the applicable dimensional and setback requirements of the zoning district in which the existing lot is located, and which complies with § 260-20A(3) of this chapter.
MINOR LAND DEVELOPMENTA minor plan which complies with § 260-20A(5) of this chapter.
Soils amended for improved drainage and biologic function,
as well as to support plants that are adapted to both wet and dry
conditions. These soils are used for planting areas not to be used
as bioretention areas.
The map or plan of a subdivision or land development, whether
sketch, preliminary, or final.
Small natural or artificial bodies of open water which general
have a small range of water level fluctuation. The shorelines of such
bodies of water may be composed of natural embankments, constructed
edge walls or may otherwise be purposefully engineered.
A variety of engineered surfaces which are designed to permit
water to pass through the finished surface to a stone infiltration
bed of varying depths. Such surfaces can include but are not limited
to asphalt, concrete, and pavers.
A building which is considered the principal use of the lot
on which it is located.
The single dominant use or single main use on a lot.
The edge of all project activity, whether more than or less
than the property or tract boundary.
A recorded boundary of a lot.
A formal meeting held pursuant to public notice by the governing
body, planning commission, or other municipal agency, intended to
inform and obtain testimony and public comment, prior to taking action
in accordance with the Pennsylvania Municipalities Planning Code,
as amended.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."[9]
Notice of a public hearing published in a newspaper of general
circulation in Cheltenham Township. Such notice shall state the time
and place of the hearing and particular nature of the matter to be
considered at the hearing. The publication of a public notice shall
be in accordance with the Pennsylvania Municipalities Planning Code,
as last amended.
An area of ground which is a shallow depression designed
to clean, detain, and infiltrate stormwater runoff primarily with
adapted native plants set within bioretention soils, usually have
a simple inflow where rainwater enters the garden, and an aboveground
overflow where excess water exits. It is a stormwater management BMP
which is typically a smaller system than other bioretention facilities.
However, operation and maintenance is critical to proper performance.
The size, capacity and location of rain gardens should be based on
runoff source (parking lot, roofs, downspout, lawns, etc.) and the
ability to capture rainwater.
A parcel of land whose primary function is to separate a
street from adjacent properties, while not being used or capable of
being used as a building lot, open space, or recreation area.
Lotting which extends between two streets of differing classifications,
with vehicular access provided from the lesser street, in order to
promote traffic flow and safety on the greater street.
A strip of land occupied or intended to be occupied at some
future date by roads, railroads, transmission lines, pathways, oil
and gas pipelines, water lines, sewer lines, and other similar facilities.
Forested or vegetated lands along both sides of a stream,
wetland or water body.
Soils or other materials transported by surface water as
a product of erosion.
A comprehensive plan for the provision of adequate sewage
facilities as adopted by Cheltenham Township and approved by the Pennsylvania
Department of Environmental Protection under the Pennsylvania Sewage
Facilities Act (Act 537).[10]
Completed forms submitted to the Sewage Enforcement Officer
and PA DEP for the purposes of revising the sewage facilities plan
resulting from a proposed land development or subdivision.
A paved surface primarily for pedestrian mobility adjacent to a public or private street, or adjacent to common driveways and common parking areas, as is required by § 260-40 of this chapter.
The distance of unobstructed view along the center line of
a street from the driver's eye-height of 3 1/2 feet above the
pavement surface to the furthest visible point, or as otherwise defined
in the most current edition of PennDOT Publication No. 13M: Design
Manual, Part 2: Highway Design..
A triangular-shaped portion of land established at street
intersections in which nothing is erected, placed, planted, or allowed
to grow in such a manner as to limit or obstruct the sight distance
of motorists entering or leaving the intersection.
The face of an embankment or cut section; any ground whose
surface makes an angle with the plane of the horizon. Slopes are usually
expressed in a percentage based upon vertical difference in feet per
100 feet of horizontal distance.
An investigation of the soil conditions of a site to determine
those site conditions that may require remediation of a release. Characterization
of a release includes the identification of specific contaminant concentrations
throughout soil and groundwater media, discharges to surface water
and air, and any other conditions that may pose a risk to human health
and the environment associated with the release. The site characterization
may reveal that the remediator needs to interface with other environmental
laws and/or Act 2 of 1995 (Act 2). Under Act 2, the appropriate standard
or combination of standards (i.e., background, statewide health or
site-specific) must be determined. The Department of Environmental
Protection (DEP) will accept notices of intent to remediate (NIRs)
for properties on which a release of regulated substances can be documented,
or for properties affected by off-property releases of regulated substances
for which the remediator is not responsible.
The Montgomery County Soil Survey, latest edition, prepared
by the Nature Resources Conservation Service of the United States
Department of Agriculture.
The quantity of soil needed to support the health and vigor
of shade trees or other woody plants such as flowering trees and shrubs
required in the planting plan.
A tree that is a particularly impressive or unusual example
of a species due to size, shape, age or any other trait that epitomizes
the character of that species.
A structure which provides for the storage and controlled
release of stormwater runoff during and after a storm. Also referred
to as a retention or detention basin.
Any structure, natural or man-made, that, due to its condition,
design, or construction, conveys, stores, or otherwise, affects stormwater
runoff. Typical stormwater management facilities include, but are
not limited to, detention and retention basins, open channels, storm
sewers, pipes, and infiltration structures.
The plan prepared by the developer or his representative
indicating how stormwater runoff will be managed at the development
site in accordance with this chapter.
Water from rainfall or melting snow in a watershed in excess
of the natural absorbency of that watershed, which flows over the
ground surface to collect in streams and channels.
A line identical to the ultimate right-of-way line between
a lot and the right-of-way of a street, legally open or officially
recorded by the Township.
Any right-of-way which serves to access and provide for transportation between multiple properties, whether under public or private ownership, and used or intended to be used by vehicular traffic and pedestrians, and which may also be used to provide space for sewer, other utilities and sidewalks, including street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct, or other similar facilities. Categories of streets are further defined in § 260-53.
Rights-of-way for street purposes are defined as follows:
LEGAL RIGHT-OF-WAYThe total width of any land dedicated as a street as reflected on a recorded subdivision plat, boundary plat or dedication plat.
ULTIMATE RIGHT-OF-WAYThe total width of any land which is projected as necessary for adequate handling of anticipated maximum traffic volumes, determined by the street's function, in accordance with street classifications contained in this chapter, and outlined in the Cheltenham Township Comprehensive Plan. The ultimate right-of-way becomes the legal right-of-way when it has been offered for dedication and accepted by Cheltenham Township.
EQUIVALENT RIGHT-OF-WAYA street right-of-way required to be reserved where private streets are permitted. The width shall be determined by the street's function, in accordance with street classifications contained in this chapter, and outlined in the Cheltenham Township Comprehensive Plan.
A tree whose trunk is in the street right-of-way, or in the
verge or within 10 feet of the curbline.
[Added 12-16-2020 by Ord. No. 2415-20]
A soil medium that can be compacted to support pavement and
installation requirements while accommodating tree root growth. It
is a mixture of gap-graded gravels made of crushed stone, clay loam,
and a hydrogel stabilizing agent to keep the mixture from separating.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels, or other
divisions of land, including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs or devisee, transfer of ownership or building
or lot development. The subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access or any residential dwelling, shall be
exempted.
A licensed land surveyor, registered as such in the Commonwealth
of Pennsylvania, and competent in profession as established under
the Pennsylvania Engineer, Land Surveyor, and Geologist Registration
Act.[11]
The original upper layer of soil material which is usually
darker and more fertile than subsoil, which is screened of stones,
roots, construction debris, and contains a substantial percentage
of organic material.
A large property consisting of one legal parcel usually to
be subdivided into several smaller parcels.
A technical evaluation of the traffic impacts associated with a proposed subdivision or land development. Criteria for a traffic impact study are contained in § 260-101.
A designated land corridor containing an improved route designed
for nonmotorized travel that provides recreational, aesthetic, alternate
transportation, or educational opportunities. Sidewalks are not considered
trails though they can serve as trail connections.
Any tree three inches DBH or greater, whether standing alone
or in a tree mass or woodlands. See also "diameter at breast height
(DBH)."
[Added 12-16-2020 by Ord. No. 2415-20]
A single or one-way vehicle movement to or from a property
or study area. Trips can be added together to calculate the total
number of vehicles expected to enter or leave a specific land use
or site over a designated period of time.
The dividing line between a lot and the outside limit of
a street ultimate right-of-way. Identical with "front lot line" and
"street line."
An elevated temperature difference between urban and suburban
areas compared to their rural outlying areas, created by absorbed
heat from pavements and other impervious surfaces being released into
the air. According to the EPA, the mean air temperature of a city
such as Philadelphia with one million or more people can be 1.8 to
5.4° F. (1-3° C.) warmer than it surroundings.
Any areas of a lot not located within any enclosed or partially
enclosed structure which are used by or intended for motor vehicles,
including but not limited to the following: accessory or nonaccessory
parking spaces for the storage of automobiles, trucks or other motor
vehicles; parking drive aisles; loading zones and service areas; emergency
or fire zones or lanes; access drives and driveways; and paved areas
painted or striped in such a manner as to indicate that they are not
intended for parking or standing but are otherwise at grade with other
areas designed for or used by motor vehicles.
A strip separating the passable area of a sidewalk from the
curb, and consisting of grass, landscaping, street furniture, or decorative
paving.
A barrier for the purpose of limiting or obscuring a view;
generally comprised of vegetation, structures, or earthworks suitable
for the purpose.
A system designed to transmit potable water from a source
to users, in compliance with the requirements of the appropriate state
agencies and the local authorities. Includes the following definitions:
WATER FACILITIES, PUBLICA water distribution system serving all or a portion of Cheltenham Township and operated by the Township, or other public utility regulated by the Pennsylvania Public Utility Commission.
WATER FACILITIES, COMMONA water distribution system serving a single neighborhood or development.
A channel or conveyance of surface water, such as a stream
or creek, having defined bed and banks, whether natural or artificial,
with perennial or intermittent flow.
Those areas that are inundated or saturated by surface- or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions; includes
swamps, marshes, bogs and similar areas. Development in wetlands is
regulated by the U.S. Army Corps of Engineers and the Pennsylvania
Department of Environmental Protection. Identification of wetlands
should be based upon the "1987 Corps of Engineers Wetlands Delineation
Manual."
One-fourth acre or more of wooded land where the largest
trees measure at least six inches diameter at breast height (dbh).
The woodland shall be measured from the dripline of the outer trees.
Woodlands are also a grove of trees forming one canopy where 10 or
more trees measure at least 10 inches dbh.
FRONT YARDAn open, unoccupied space extending across the full width of a lot and lying between the street line and the nearest point of the principal building. In the case of a corner lot, both yard areas abutting streets shall be construed as front yards.
REAR YARDAn open, unoccupied space extending across the full width of a lot and lying between the rear lot line, or the corner of a triangular lot furthermost from the front lot line, and the nearest point of the building. In the case of a corner lot, there shall be no rear yard.
SIDE YARDAn open, unoccupied space between the side lot line of a lot and the nearest point of the building and extending from the front yard to the rear yard.
See § 260-12F, regarding Plan submission and Zoning Hearing Board.
The Township Director of Planning Zoning or the Township's
designee.
[2]
Editor's Note: The Municipality Authorities Act of 1945 (53
P.S. § 301 et seq.) was repealed by Act 22 of 2001 (6-19-2001,
P.L. 287, No. 22). See now the Municipality Authorities Act, 53 Pa.C.S.A.
§ 5601 et seq.
[4]
Editor's Note: See 53 P.S. § 10301 et seq.
[5]
Editor's Note: See 63 P.S. § 148 et seq.
[6]
Editor's Note: See 53 P.S. § 10503(1.1).
[7]
Editor's Note: See 53 P.S. § 10101 et seq.
[9]
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
[10]
Editor's Note: See 35 P.S. § 750.1 et seq.
[11]
Editor's Note: See 63 P.S. § 148 et seq.
|
Abbreviation
|
Meaning
|
|---|---|
|
ASTM
|
American Society for Testing Materials
|
|
DEP
|
Pennsylvania Department of Environmental Protection
|
|
DRBC
|
Delaware River Basin Commission
|
|
EPA
|
Federal Environmental Protection Agency
|
|
IESNA
|
Illuminating Engineering Society of North America
|
|
ISA
|
International Society of Arboriculture
|
|
ITE
|
Institute for Traffic Engineers
|
|
PADOT
|
Pennsylvania Department of Transportation
|
|
MCCD
|
Montgomery County Conservation District
|
|
MCHD
|
Montgomery County Health Department
|
|
MCPC
|
Montgomery County Planning Commission
|
|
USACE
|
U.S. Army Corps of Engineers
|
|
USGS
|
United States Geological Survey
|
